The American lifestyle holds attractions for many and the number of British citizens seeking permanent residency in the United States is currently on the rise. Unfortunately, also on increase are the number of Britons finding themselves unwitting pawns when seeking to gain immigration permits. American Attorney at Law Kevin Burke, who is also a partner and practising solicitor in the UK with Bennetts Solicitors & Attorneys, Bristol, explains.

Essentially, there are three basic forms of entry to The States: Visa-Free Stay, which allows entry for a maximum of 90 days; a Temporary Visa, whose terms vary according to the particular type of visa gained; and Permanent Residency, which is granted through the issue of a Green Card.

Attempting to gain a Green Card is where problems invariably lie in wait for the unwary. The reason lies in the enormous world-wide demand by people from all over the world seeking entry to the US. As a consequence, a whole cottage industry of unscrupulous ‘consultants’ has sprung up bent on scamming immigrants, making huge profits in the process, and who promise results they know they have no chance of delivering.

The problem for the British individual or family seeking to emigrate to the U.S lies in knowing how to differentiate between the good, the bad and the plain ugly.

Knowing which is which is not easy, because in the U.S. there exists a plethora of immigration consultants all offering residence or other immigration benefits. Of these, many are hard working, knowledgeable and competent, some for instance are former employees of the Immigration Service or have served as U.S. consular officials. Sadly, there are considerably more who have neither the experience, nor your best interests at heart.

Because there are no regulatory requirements for proof of competency, or licenses, it is often difficult to determine the exact background and experience of an immigration consultant.

Unlike lawyers and other professionals who are also bound by strict codes of conduct, consultants are not subject to any form of federal or state legislation, except to the extent that they may, like any other individual, be held to damages for fraud or other gross misbehaviour. However, even gaining satisfaction through the courts will give only a small degree of comfort to the individual on whose behalf they have acted dishonestly or incompetently. A consultant’s inaccurate advice or filing of a bogus application can place a client on the fast track to deportation.

Some of these notaries or consultants form organised rings raking in millions of dollars each year. In June 2000, a Miami couple, Leonardo Caballero and his wife Flor, were prosecuted and convicted in a Utah courtroom for defrauding 1,200 US immigrants out of $4 million.

In the city of Miami alone, there are more than 800 businesses listed in the phone book as immigration consultants. On occasions, phoney consultants give clients the false impression that their organisations are operated by lawyers, and, since the US government does not enforce its unauthorized immigration practise laws, they can get away with the pretence.

Here in the UK, my own firm has been contacted by a number of British citizens who have emigrated to the United States after engaging the services of unscrupulous immigration consultants and who have subsequently been defrauded. In most cases they had been guaranteed a Green Card on the premise of the purchase of a business or share in a company. The individual had then parted with several thousands of pounds on the promise of permanent residency in the US but in fact ended up with only a temporary visa, the loss of their financial investment, and, the final ignominy, the prospect of deportation proceedings from the US.

So how can all these potential problems be overcome?

Firstly, there are numerous sources of information available to those considering immigration to the United States, both here in the UK and US, including lawyers, bona fide consultants, notaries, the Internet and various other conduits besides.

The advantage of using an attorney is that you can be confident in the fact that they will have received considerable formal training in the law and will be required to maintain high ethical standards. Another comforting fact for the client is that an attorney also has a license to protect! An attorney can represent a person before the Immigration Service (INS). All notices go both to the attorney and the client. A non-attorney however, (with some exceptions) may not formally represent a person before the INS and notices will be sent only to the applicant.

Irrespective of the course you elect to pursue, be extremely vigilant when seeking permanent entry to the United States. Gaining entry is by no means a foregone conclusion even when the individual appears to have a strong case. It is nonetheless a ‘one-hit’ opportunity in which a single mistake could prove both extremely expensive and irredeemable. Take good professional advice therefore and your chances will be considerably enhanced, and your best interests safeguarded.

Kevin Burke can be contacted via Bennetts Solicitors & Attorneys. Tel: 01934 864990